State, Law and the Constitution Project | Academic Writing | Legal ...

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6

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$30-$250

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• Project ID:

  2601458

• Project Type:

  Fixed

Project Description:

Essay-12 double space, 12 point font. Additional 2 pages for cover and bibliography including page numbers and footnotes with citation method following Canadian Guide to Uniform Legal Citation (McGill Guide). Generate a case comment on whether criminal law prohibitions on possession and trafficking are constitutionally valid and applicable to Insite under division of powers. Was the Supreme Court correct in determining that criminal prohibitions on possession and trafficking in its statute were constitutionally valid and applicable to Insite under the division of powers? Explain. Additionally, should Supreme Court have rejected the application of interjurisdictional immunity in this case in favour of constitutional concepts of double aspect and cooperative federalism? Please remember to fully justify your legal position within the terms of the relevant Constitutional case law. I will provide the remaining information via correspondence.

Below is the case in question: Supreme Court of Canada ruled upon this case in Canada (Attorney General) v. PHS Community Services Society, 2011 SCC 44. In 2003, a Vancouver supervised injection site, known as ?Insite? was opened that allowed drug addicts to inject their own drugs under the supervision of a nurse. Insite is intended to prevent overdose deaths, reduces the spread of HIV and hepatitis, and curbs crime and open drug use by promoting safe drug injection. To continue operation, Insite required an exemption under federal legislation. Initial exemption was granted by Ottawa, but since then federal government has indicated it wanted to end the exemption and see the supervised injection site closed. Overall, federal government contended that its power over criminal law trumps British Columbia's jurisdiction over health care in deciding whether clinic should continue to operate.

Additional Project Description:

10/27/2012 at 12:47 EDT:
You have 5 days to complete this Project.

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